Agenda Document Pack - Local Review Body - 23/08/2023
North Ayrshire Council · 23 August 2023
Back to Local Review Body — 23 August 2023 and its agenda
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Local Review Body A meeting of the Local Review Body of North Ayrshire Council will be held remotely on Wednesday, 23 August 2023 at 14:15 to consider the undernoted business. Meeting Arrangements Fully Remote This meeting will be held remotely in accordance with the provisions of the Local Government (Scotland) Act 2003. Where possible, the meeting will be livestreamed and available to view at https://northayrshire.public i.tv/core/portal/home. In the event that livestreaming is not possible, a recording of the meeting will instead be available to view at this location. 1 Declarations of Interest Members are requested to give notice of any declarations of interest in respect of items of business on the Agenda. 2 Minutes The accuracy of the Minutes of the Meeting of the Local Review Body held on 14 June 2023 will be confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973 (copy enclosed). 3 Notice of Review: 22/00987/PP: Irvine: 51 Quarry Road Submit report by the Head of Democratic Services on a Notice of Review submitted by the applicant in respect of a planning application refused by officers under delegated powers (copy enclosed). 4 Notice of Review: 23/00126/PP: 14A Ferry Road, Fairlie Submit report by the Head of Democratic Services on a Notice of Review submitted by the applicant in respect of a planning application refused by officers under delegated powers (copy enclosed). 5 1
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Notice of Review: 23/00309/PPP: Mid Lambroughton Farm: by Cunninghamhead Submit report by the Head of Democratic Services on a Notice of Review submitted by the applicant in respect of a planning application refused by officers under delegated powers (copy enclosed). 6 Notice of Review: 23/00249/PP: 33 High Road, Saltcoats KA21 5RY Submit report by the Head of Democratic Services on a Notice of Review submitted by the applicant in respect of a planning application refused by officers under delegated powers (copy enclosed). 7 Urgent Items Any other items which the Chair considers to be urgent. Webcasting Please note: this meeting may be filmed/recorded/livestreamed to the Council's internet site and available to view at https://northayrshire.public i.tv/core/portal/home, where it will be capable of repeated viewing. At the start of the meeting, the Provost/Chair will confirm if all or part of the meeting is being filmed/recorded/livestreamed. You should be aware that the Council is a Data Controller under the Data Protection Act 2018. Data collected during the webcast will be retained in accordance with the Council’s published policy, including, but not limited to, for the purpose of keeping historical records and making those records available via the Council’s internet site. Generally, the press and public seating areas will not be filmed. However, by entering the Council Chambers, using the press or public seating area or (by invitation) participating remotely in this meeting, you are consenting to being filmed and consenting to the use and storage of those images and sound recordings and any information pertaining to you contained in them for webcasting or training purposes and for the purpose of keeping historical records and making those records available to the public. If you do not wish to participate in a recording, you should leave the meeting. This will constitute your revocation of consent. If you have any queries regarding this and, in particular, if you believe that use and/or storage of any particular information would cause, or be likely to cause, substantial damage or distress to any individual, please contact dataprotectionofficer@northayrshire.gov.uk. 2
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Local Review Body Sederunt Robert Foster (Chair) Timothy Billings (ViceChair) Scott Davidson Stewart Ferguson Cameron Inglis Amanda Kerr Davina McTiernan Jim Montgomerie Ian Murdoch Chloe Robertson Chair: Apologies: Attending: 3
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Local Review Body 14 June 2023 At a Meeting of the Local Review Body of North Ayrshire Council at 2.15 p.m. involving a combination of participation by remote electronic means and physical attendance within the Council Chambers, Irvine. Present (Physical Participation) Robert Foster, Timothy Billings, Stewart Ferguson, Cameron Inglis, Davina McTiernan and Chloé Robertson. Present (Remote Participation) Amanda Kerr. In Attendance Y. Baulk, Head of Service (Housing & Public Protection) and I. Davies, Senior Development Management Officer (Place); and R. Lynch, Senior Manager (Legal Services), J. Niven, Solicitor (Legal Services) and H. Clancy and D. McCaw, Committee Services Officers (Democratic Services) (Chief Executive’s Service). Chair Councillor Foster in the Chair. Apologies Scott Davidson, Jim Montgomerie and Ian Murdoch. 1. Declarations of Interest There were no declarations of interest by Members in terms of Standing Order 11 and Section 5 of the Code of Conduct for Councillors. 2. Minutes The Minutes of the Meeting held on 22 February 2023 were confirmed and signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973. 3. Notice of Review: 22/00987/PP – 51 Quarry Road, Irvine Submitted report by the Head of Democratic Services on a Notice of Review by the applicant in respect of a planning application refused by officers under delegated powers. The Notice of Review documentation, Planning Officer’s Report of Handling, Location Plan and Planning Decision Notice, were provided as appendices to the report. The Planning Adviser to the Local Review Body summarised the Notice of Review submitted by the applicant, the Report of Handling submitted by the appointed officer and policies affecting the application. The Planning Adviser advised that no site visit or hearing had been requested by the applicant. Agenda Item 2 5
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The Committee unanimously agreed to continue consideration of the Notice of Review to the next meeting for further information to be submitted relating to neighbouring properties with similar extensions. The meeting ended at 2.25 p.m. 6
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NORTH AYRSHIRE COUNCIL 14 June 2023 Local Review Body Title: Notice of Review: 22/00987/PP – 51 Quarry Road, Irvine Purpose: To submit, for consideration of the Local Review Body, a Notice of Review by the applicant in respect of a planning application refused by officers under delegated powers. Recommendation: That the Local Review Body considers the Notice of Review. 1. Executive Summary 1.1 The Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2006, provides for certain categories of planning application for "local" developments to be determined by appointed officers under delegated powers. Where such an application is refused, granted subject to conditions or not determined within the prescribed period of 2 months, the applicant may submit a Notice of Review to require the Planning Authority to review the case. Notices of Review in relation to refusals must be submitted within 3 months of the date of the Decision Notice. 2. Background 2.1 A Notice of Review was submitted in respect of Planning Application 22/00987/PP for the erection of a single storey extension to front and side of semi-detached dwellinghouse at 51 Quarry Road, Irvine. 2.2 The application was refused by officers for the reasons detailed in the Decision Notice. 2.3 The meeting of the Local Review Body on 14 June 2023 agreed to continue consideration of the Notice of Review to the next meeting for further information to be submitted by the applicant relating to neighbouring properties with similar extensions. 2.4 The following related documents are set out in the appendices to the report: Appendix 1 - Notice of Review documentation; Appendix 2 - Report of Handling; Appendix 3 - Location Plan; Appendix 4 - Planning Decision Notice; and Appendix 5 - Additional Information and Photographs from Applicant. 3. Proposals 3.1 The Local Review Body is invited to consider the Notice of Review. Agenda Item 3 7
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4. Implications/Socio-economic Duty Financial 4.1 None arising from the recommendation of this report. Human Resources 4.2 None arising from the recommendation of this report. Legal 4.3 The Notice of Review requires to be considered in terms of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2006, and the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013. Equality/Socio-economic 4.4 None arising from the recommendation of this report. Environmental and Sustainability 4.5 None arising from the recommendation of this report. Key Priorities 4.6 None arising from the recommendation of this report. Community Benefits 4.7 None arising from the recommendation of this report. 5. Consultation 5.1 Interested parties (both objectors to the planning application and statutory consultees) were invited to submit representations in terms of the Notice of Review and no further representations were received. Craig Hatton Chief Executive For further information please contact Diane McCaw, Committee Services Officer, on 01294 324133. Background Papers 0 8
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Page 1 of 5 Cunninghame House Friars Croft Irvine KA12 8EE Email: eplanning@north-ayrshire.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100611704-004 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity Stephen McQuiston United Kingdom Appendix 1 9
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Page 2 of 5 Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Mr 51 QUARRY ROAD James North Ayrshire Council Dean IRVINE KA12 0TN United Kingdom 639537 232269 10
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Page 3 of 5 Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unl kely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) Proposed Front and Side Single storey extensions with internal alterations to house layout I have travelled around the houses in this area and there are quite a few houses that have a similar extension onto the front of the house. I can provide the addresses of these properties when required to do so. As I have stated previously there are quite a few properties in this area that have a similar extension onto the front of the house 11
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Page 4 of 5 Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. I have not got all the addresses where the extensions are, but I will supply these at a later date 22/00987/PP 21/02/2023 23/12/2022 12
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Page 5 of 5 Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mr Stephen McQuiston Declaration Date: 16/05/2023 13
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REPORT OF HANDLING Reference No: 22/00987/PP Proposal: Erection of single storey extension to front and side of semi-detached dwelling house Location: 51 Quarry Road, Irvine, Ayrshire, KA12 0TN ---------------------------------------------------------------------------------------------------------------- LDP Allocation: General Urban Area LDP Policies: SP1 - Towns and Villages Objective / Strategic Policy 2 / ---------------------------------------------------------------------------------------------------------------- Consultations: None Undertaken Neighbour Notification: Neighbour Notification carried out on 10.01.2023 Neighbour Notification expired on 31.01.2023 Advert: Not Advertised ---------------------------------------------------------------------------------------------------------------- Previous Applications: None Appeal History Of Site: None Relevant Development Plan Policies SP1 - Towns and Villages Objective Towns and Villages Objective Our towns and villages are where most of our homes, jobs, community facilities, shops and services are located. We want to continue to support our communities, businesses and protect our natural environment by directing new development to our towns and villages as shown in the Spatial Strategy. Within urban areas (within the settlement boundary), the LDP identifies town centre locations, employment locations and areas of open space. Most of the remaining area within settlements is shown as General Urban Area. Within the General Urban Area, proposals for residential development will accord with the development plan in principle, and applications will be assessed against the policies of the LDP. New non-residential proposals will be assessed against policies of this LDP that relate to the proposal. In principle, we will support development proposals within our towns and villages that: a) Support the social and economic functions of our town centres by adopting a town centre first principle that directs major new development and investment to town centre locations as a priority including supporting town centre living. Appendix 2 14
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22/00987/PP b) Provide the right new homes in the right places by working alongside the Local Housing Strategy to deliver choice and variety in the housing stock, protecting land for housing development to ensure we address housing need and demand within North Ayrshire and by supporting innovative approaches to improving the volume and speed of housing delivery. c) Generate new employment opportunities by identifying a flexible range of business, commercial and industrial areas to meet market demands including those that would support key sector development at Hunterston and i3, Irvine. d) Recognise the value of our built and natural environment by embedding placemaking into our decision-making. e) Prioritise the re-use of brownfield land over greenfield land by supporting a range of strategic developments that will deliver: o regeneration of vacant and derelict land through its sustainable and productive re-use, particularly at Ardrossan North Shore, harbour and marina areas, Montgomerie Park (Irvine) and Lochshore (Kilbirnie). o regeneration and conservation benefits, including securing the productive re- use of Stoneyholm Mill (Kilbirnie) and supporting the Millport Conservation Area Regeneration Scheme. f) Support the delivery of regional partnerships such as the Ayrshire Growth Deal in unlocking the economic potential of the Ayrshire region. Strategic Policy 2 Placemaking Our Placemaking policy will ensure we are meeting LOIP priorities to make North Ayrshire safer and healthier by ensuring that all development contributes to making quality places. The policy also safeguards, and where possible enhances environmental quality through the avoidance of unacceptable adverse environmental or amenity impacts. We expect that all applications for planning permission meet the six qualities of successful places, contained in this policy. This is in addition to establishing the principle of development in accordance with Strategic Policy 1: Spatial Strategy. These detailed criteria are generally not repeated in the detailed policies section of the LDP. They will apply, as appropriate, to all developments. Six qualities of a successful place Distinctive The proposal draws upon the positive characteristics of the surrounding area including landscapes, topography, ecology, skylines, spaces and scales, street and building forms, and materials to create places with a sense of identity. Welcoming The proposal considers the future users of the site and helps people to find their way around, for example, by accentuating existing landmarks to create or improve views (including sea views), locating a distinctive work of art in a notable place or making the most of gateway features to and from the development. It should also ensure that appropriate signage and lighting is used to improve safety and illuminate attractive buildings. Safe and Pleasant The proposal creates attractive places by providing a sense of security, including by encouraging activity, considering crime rates, providing a clear distinction between private and public space, creating active frontages and considering the benefits of natural surveillance for streets, paths and open spaces. 15
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22/00987/PP The proposal creates a pleasant, positive sense of place by promoting visual quality, encouraging social and economic interaction and activity, and by considering the place before vehicle movement. The proposal respects the amenity of existing and future users in terms of noise, privacy, sunlight/daylight, smells, vibrations, glare, traffic generation, and parking. The proposal sufficiently investigates and responds to any issues of ground instability. Adaptable The proposal considers future users of the site and ensures that the design is adaptable to their needs. This includes consideration of future changes of use that may involve a mix of densities, tenures, and typologies to ensure that future diverse but compatible uses can be integrated including the provision of versatile multi- functional greenspace. Resource Efficient The proposal maximises the efficient use of resources. This can be achieved by re- using or sharing existing resources and by minimising their future depletion. This includes consideration of technological and natural means such as flood drainage systems, heat networks, solar gain, renewable energy and waste recycling as well as use of green and blue networks. Easy to Move Around and Beyond The proposal considers the connectedness of the site for people before the movement of motor vehicles, by prioritising sustainable and active travel choices, such as walking, cycling and public transport and ensuring layouts reflect likely desire lines, through routes and future expansions. Description Planning permission is sought for the erection of a single storey extension to the front and side of a semi-detached dwelling house at 51 Quarry Road in Irvine. The proposed extension would project from the front of the house by 4 metres on plan and from the side of the house by 3.363 metres, with a total width of 9.238 metres. It would provide a new family room area, hallway with cupboard, and master bedroom with ensuite. The extension would have a hipped roof design, with gable ends to the rear and side. It would have a height of approx. 4.14 metres to the roof ridge and approx. 3.16 metres hight to the eaves. There would be a front entrance door with steps leading down to the front garden area to the front elevation and an arrangement of new window openings including rooflights to both the front and rear elevations. There are no proposed openings to either side elevation. Materials would consist of red/brown concrete interlocking tiles to the roof, a combination of dark brown facing brick basecourse and white roughcast to the external walls, double glazed UPVC framed windows, and UPVC soffits, fascia, and bargeboards. The application site consists of a two-storey semi-detached dwellinghouse with garden ground to the front and rear of the house, including off-street parking. The existing site boundary treatments consist of an approx. 1.8-metre-high timber fence to the rear garden area and an approx. 1-metre-high brick wall to the front. There is a detached garage within the rear garden area. 16
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22/00987/PP The application site is located within the General Urban Area within the settlement boundary of Irvine as identified in the Adopted Local Development Plan (LDP). Therefore, the Towns and Villages Objective of Strategic Policy 1 (Spatial Strategy) applies. All applications for planning permission require to be considered in accordance with Strategic Policy 2 (Placemaking). Consultations and Representations Neighbour notification was conducted for this application in accordance with statutory procedures. No representations were received in response to the application. No consultations required to be undertaken. Analysis The erection of an extension to a domestic dwellinghouse does not raise any land use policy implications and would be acceptable in principle in terms of the Towns and Villages Objective of Strategic Policy 1 (Spatial Strategy). The application therefore needs to be considered in terms of Strategic Policy 2 (Placemaking). The stated purpose of Strategic Policy 2 on Placemaking is to ensure "all development contributes to making quality places." The policy also seeks to "safeguard, and where possible enhances environmental quality through the avoidance of adverse environmental or amenity impacts." Located to the front and side of the house, the proposed extension would be readily visible from public viewpoints on Quarry Road and the surrounding area. It is considered that the proposed external material finishes would be appropriate and would reflect the existing finishes to both the main dwellinghouse and neighbouring houses. However, while there is no clearly established building line along Quarry Road, it is considered that the proposed projection distance of 4 metres from the front of the house is excessive and would have an adverse visual impact on the amenity of the surrounding area. It is also considered that this excessive projection distance would have an adverse impact on the light levels to the ground floor openings of the adjoining house at 49 Quarry Road. The proposed openings would primarily face onto the applicant's own garden ground, onto the public road, or would be located on the roof. Therefore, there would not be any privacy or overlooking impacts to neighbouring residents. The applicant/agent was advised that the siting and design of proposed extension was not considered appropriate and that an alternative proposal consisting of an extension to the side and/or rear of the house would be more suitable. A small front porch extension would also be considered appropriate and could be integrated with a side extension. However, it is not considered that any other development to the front of the house would be suitable in this case. The applicant/agent was asked to withdraw the current application and re-submit with a revised design in line with the above observations. However, no confirmation of withdrawal was received. The applicant/agent suggested bringing the footprint of the front extension in from the neighbouring boundary with 49 Quarry Road by 1 metre and forming a hipped roof edge in this location. While this would partially mitigate the concern regarding the light impact of the proposal to the neighbouring house, it would not be adequate in terms of alleviating the visual impact on the streetscape and the amenity of the surrounding area. 17
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22/00987/PP The application has also been assessed against the adopted National Planning Framework 4 (NPF4). It is not considered that the proposal raises any significant strategic planning issues. However, in line with above observations, it is considered that the proposal does not meet the relevant 'Six Qualities of Successful Places' identified in Annex D. It is considered that the excessive scale of the proposed extension to the front of the house would be contrary to quality 2 (Pleasant: Supporting attractive natural and built spaces) and quality 4 (Distinctive: Supporting attention to detail of local architectural styles and natural landscapes to be interpreted into designs to reinforce identity). Based on the above observations, the proposal does not accord with the relevant policies of the LDP and there are no other material considerations to indicate otherwise. Therefore, planning permission should be refused. Decision Refused Case Officer - Mr Joe Thompson 18
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22/00987/PP Appendix 1 - Drawings relating to decision Drawing Title Drawing Reference (if applicable) Drawing Version (if applicable) Existing Floor Plans QRJD101 Existing Floor Plans QRJD102 Existing Floor Plans QRJD103 Proposed Floor Plans QRJD104 Proposed Floor Plans QRJD105 Proposed Floor Plans QRJD106 Foundation Plan QRJD107 Other QRJD108 Other QRJD109 Other QRJD110 Other QRJD111 Drainaige Layout QRJD112 Other QRJD113 Other QRJD114 Existing Elevations QRJD116 Existing and Proposed Elevations QRJD115 Existing and Proposed Elevations QRJD118 Location Plan QRJD119 Existing Block Plan QRJD120 Block Plan / Site Plan QRJD121 Proposed Elevations QRJD117 19
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Appendix 3 20
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Appendix 4 21
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TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 AS AMENDED BY THE PLANNING ETC (SCOTLAND) ACT 2006. TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 – REGULATION 28 Yvonne Baulk : Head Of Service (Housing & Public Protection) FORM 2 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning (Scotland) Act 1997 within three months from the date of this notice. The notice of review should be addressed to Committee Services, Chief Executive's Department, Cunninghame House, Irvine, North Ayrshire, KA12 8EE. 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land's interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. 22
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Response to the Refusal of a single storey extension At No51 Quarry Road Irvine. Ref No 22/00987/PP 26/06/2023 Dear Sir/Madam, Since my client James Deans planning application for a front and side single storey extension was refused by North Ayrshire Planning department I have travelled around the location of his house and took several photos of similar Extensions that have had Planning consent approval. I find it very difficult to understand why his application was refused when you see similar applications being approved. The photos that I have submitted are not all the similar extensions that have been approved and built in the surrounding area. I hope that when you have a look at all the photographs you will have the same opinion as myself that this planning application should have been approved. I have listed the photographs at the end of this report where I have numbered them and provided the addresses of each property. Regards Stephen McQuiston Appendix 5 23
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Photograph No1 – No 4 Cedar Road, Irvine Photograph No2 – No179 Livingstone Terrace, Irvine 24
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Photograph No3 – No13 Livingston Terrace, Irvine Photograph No4 – 68 Livingston Terrace, Irvine 25
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Photograph No5 – No44 Anderson Drive, Irvine 26
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Photograph No6 – Irvine Mains, Irvine 28
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NORTH AYRSHIRE COUNCIL 23 August 2023 Local Review Body Title: Notice of Review: 23/00126/PPP: 14A Ferry Row, Fairlie KA29 0AJ Purpose: To submit, for consideration of the Local Review Body, a Notice of Review by the applicant in respect of a planning application refused by officers under delegated powers. Recommendation: That the Local Review Body considers the Notice of Review. 1. Executive Summary 1.1 The Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2006, provides for certain categories of planning application for "local" developments to be determined by appointed officers under delegated powers. Where such an application is refused, granted subject to conditions or not determined within the prescribed period of 2 months, the applicant may submit a Notice of Review to require the Planning Authority to review the case. Notices of Review in relation to refusals must be submitted within 3 months of the date of the Decision Notice. 2. Background 2.1 A Notice of Review was submitted in respect of Planning Application 23/00126/PP for the erection of an extension to the rear of the property at 14A Ferry Row, Fairlie KA29 0AJ. 2.2 The application was refused by officers for the reasons detailed in the Decision Notice. 2.3 The following related documents are set out in the appendices to the report: Appendix 1 - Notice of Review documentation; Appendix 2 - Report of Handling; Appendix 3 - Location Plan; and Appendix 4 - Planning Decision Notice. 3. Proposals 3.1 The Local Review Body is invited to consider the Notice of Review. Agenda Item 4 29
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4. Implications/Socio-economic Duty Financial 4.1 None arising from the recommendation of this report. Human Resources 4.2 None arising from the recommendation of this report. Legal 4.3 The Notice of Review requires to be considered in terms of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2006, and the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013. Equality/Socio-economic 4.4 None arising from the recommendation of this report. Environmental and Sustainability 4.5 None arising from the recommendation of this report. Key Priorities 4.6 None arising from the recommendation of this report. Community Benefits 4.7 None arising from the recommendation of this report. 5. Consultation 5.1 Interested parties (both objectors to the planning application and statutory consultees) were invited to submit representations in terms of the Notice of Review and no further representations were received. Craig Hatton Chief Executive For further information please contact Diane McCaw, Committee Services Officer, on 01294 324133. Background Papers 0 30
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Page 1 of 4 Cunninghame House Friars Croft Irvine KA12 8EE Email: eplanning@north-ayrshire.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100529801-004 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Mr Neil McNaught North Ayrshire Appendix 1 31
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Page 2 of 4 Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. 14A FERRY ROW Proposal to extend 14A Ferry Row out to the rear of the property to allow for a modern, environmentally friendly, 3 bedroom family home in keeping with the feel of the area. North Ayrshire Council FAIRLIE LARGS KA29 0AJ 655187 220898 32
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Page 3 of 4 What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Please see Refusal Appeal Statement in the Supporting documents section along with Architect Design Statement and supporting images. Architect Design Statement, Refusal Appeal Statement, Supporting images, N/23/00126/PP 22/03/2023 24/02/2023 33
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Page 4 of 4 Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mr Neil McNaught Declaration Date: 12/06/2023 34
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Dear Local Review Body, I am wri�ng to appeal the refusal of planning permission for 14A Ferry Row, Fairlie, KA29 0AJ, Applica�on No. N/23/00126/PP. The grounds for refusal were under North Ayrshire Councils Strategic Policy 2 of the Na�onal Planning Framework 4, sta�ng that the proposed design would detract from the character and appearance of the area and is not in keeping with surrounding proper�es. The handler’s decision for the refusal of the planning applica�on has largely been based on subjec�ve maters and is an opinion that my architect, neighbours and I strongly disagree with. The atached design statement addresses the issues raised in the handlers report in full detail from an architectural perspec�ve. As it stands, the property urgently requires investment and upkeep and overall appears “run down”. The proposed design will result in an economically and environmentally friendly family home that will also maintain the character of the area and “bookend” the row as it once did when the property was originally built. All other homes in the row have benefit from some kind of extension or design changes over the years, from No.14 being split into 3 with proper�es with B and C having a box dormer on the front and extensions to the rear, to the remainder of the Row containing a mixture of dormers, balconies, pitched roofs, flat roofs and most proper�es having extensions to the front and rear. It was stated in the report of handling that the exis�ng proper�es with flat roof designs would have been built prior to planning permission and if subject to today’s planning constraints would have not been accepted. These long-standing changes have, however, been implemented and more contemporary homes are found to the south of the row, that don’t appear out of place when looking from the estuary but �e in with the inconsistencies of buildings right along the coast of Fairlie. If no real changes were made to Ferry Row and the surrounding area over the years, I would fully understand the decision for refusal, but I feel we are now being penalised for being “last one to the table” and are the only home in the row facing barriers to bring our home up to the liveable standard currently enjoyed by the others in the row. Neighbours and residents of the surrounding area are fond of Ferry Row, and many have approached us to voice support of the proposed improvements for 14A. As outlined in the Architect report, our main objec�ves of the project were to improve energy efficiency/environmental impact and create a comfortable home for my family of 4. The property requires extensive repairs and renewals from wiring and central hea�ng issues to air and water leaks. Winters are extremely harsh for our two children (11 and 2 years old) and my partner, who works from home, as the property doesn’t retain heat, even with central hea�ng, open fire, and heavy curtains. Fortunately for myself, I work away from home but am constantly pained to find that my family are ge�ng sick during these months as a result of the proper�es current condi�on, and I have been powerless to help the situa�on other than plead that we are allowed to adapt our beloved house to become the family home that we know it can be. In addi�on to the repair works required, the property would benefit from an extension to the rear so that we can live comfortably and have our own space, which the current 1.5 bedrooms cannot support. Delays to this planning applica�on are now forcing us to brave another winter in a house that is not fit for purpose, all amid a cost-of- living crisis. As stated in the handling report, 14A Ferry Row is not a listed building or in a conserva�on area and the level of scru�ny applied to this project has been inappropriate given the decision has been based purely on subjec�ve maters. We feel the building described throughout the handler’s report does 35
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not reflect the reality of the current condi�on or appearance of the building or surrounding area. My family and I would implore anyone involved in the decision making for this appeal to visit Ferry row in person and judge for themselves whether the proposed changes would nega�vely impact the area. If necessary, I would be open for the review body to propose aesthe�c changes to the design that North Ayrshire Council would find more acceptable. As I have previously stated, we have no inten�on of taking away from the area and only wish to create a warm, comfortable, economical, environmentally friendly home that will meet our families current and future needs. We hope the atached architectural design statement and photos of the Row will help to assist with the appeal. If you have any further ques�ons or wish to discuss this further, please do not hesitate to contact me. Thank you for taking the �me to review and consider this and I hope the review body will agree favourably with this appeal. Best regards, Neil McNaught & Family. 36
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14AFR-LSA-DS-00 14AFR-LSA-DS-00 Design Statement Design Statement 14A Ferry Row KA29 0AJ Date: Revision: 31. 05.23 00 37
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Introduction Contents 14A Ferry Row is a 2 bedroom end of terrace house belonging to a family of four. The family wish to extend and remodel the property so that it is suitable to house their young family long into the future. The client brief is to increase the number of bedrooms to 3 including a study and laundry space. A key project aim is for the property to become sustainable and energy efficient. The thermal performance of the existing building envelope is poor. Three sides of the building are exposed to the elements. In the current condition the home incurs high energy costs. The client wishes to significantly improve the thermal performance by replacing the roof, upgrading the windows and insulating the existing external walls where required. The bulk of proposed extension is at the back of the building which aligns with the adjoining neighbours extension. A new dormer style extension is proposed on the front West elevation as has been done by the adjoining neighbour. The dormer is designed to holistically tie the front and the back of the property together so they are as one. The choice of materials and architectural form will improve the thermal performance of the building whist retaining key features of the existing home. Site & Context Location Plan Site Block Plan Historical Images Historical Elevation Comparison Context Material Palette Scale & Appearance Design Approach West Elevation Design Approach North Elevation Design Approach East Elevation 2 3 4 5 7 8 9 10 138
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NOTE: 1.This drawing is © copyright Lindo Studio Architects 2022. No unauthorised reproduction of any kind is permitted. 2. No dimensions to be scaled from this drawing. Verify all dimensions prior to construction. Immediately report any discrepancies on the document to the Architect/Contract Administrator. This document shall be read in conjunction with associated models, specifications and related consultant's documents. 3. Drawing to be read with all relevant Architectural, Interiors, Structural, M&E, Drainage/Public Health, Landscape, Civils and Interiors drawings and specifications. 4. It is assumed that all works will be carried out by a competent contractor working, where appropriate, to an approved method statement. 1100 1 to 6 Ferry Row 2 2 398 MAIN ROAD 12 THE CAUSEWAY 51 49 4 74 55a 1 2 45 53 41 to 6 14 1 12 5 47 8 55 Causway KELBURN TERRACE LB 68 Court 1 status drawing reference revision project title date of origin scale drawing title 14A Ferry Row Fairlie KA29 0AJ 14AFR-LSA-00-DR-A-1000PLANNING 00 Northing 00 23.04.22 TLTLISSUED FOR PLANNING rev notesdate chkddrawn N Reproduced by permission of Ordnance Survey under Ordnance Survey Licence number 100042766 1 Years subscription from 29-03-2022 for 1 workstation. © Crown copyright and database rights 2022 OS 100042766 Map Produced for: Neil McNaught Title: 14A Ferry Row Map number: TQRQM22088225407731 ReQuestAPlan Project ID: Date of Purchase: 29-03-2022 Key Ownership Boundary Line Location 14A Ferry Row Fairlie North Ayrshire Scotland KA29 0AJ 0 50 60 70 80 90 100 M Existing Location Plan March 2022 1:1250 @ A4 Site & Context Location Plan 239
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Site & Context Site Block Plan Ferry Row MAIN ROAD 12 51 49 74 55a 45 53 41 to 6 14 47 8 55 KELBURN TERRACE 2002 1 0 25 30 35 40 45 50 M 1 Years subscription from 29-03-2022 for 1 workstation. © Crown copyright and database rights 2022 OS 100042766 Map Produced for: Neil McNaught Title: 14A Ferry Row Map number: TQRQM22088225407731 ReQuestAPlan Project ID: Date of Purchase: 29-03-2022 status drawing reference revision project title date of origin scale drawing title 14A Ferry Row KA29 0AJ 14AFR-LSA-00-DR-A-1100PLANNING 00 Northing NOTE: 1.This drawing is © copyright Lindo Studio Architects 2022. No unauthorised reproduction of any kind is permitted. 2. No dimensions to be scaled from this drawing. Verify all dimensions prior to construction. Immediately report any discrepancies on the document to the Architect/Contract Administrator. This document shall be read in conjunction with associated models, specifications and related consultant's documents. 3. Drawing to be read with all relevant Architectural, Interiors, Structural, M&E, Drainage/Public Health, Landscape, Civils and Interiors drawings and specifications. 4. It is assumed that all works will be carried out by a competent contractor working, where appropriate, to an approved method statement. 00 23.04.22 TLTLISSUED FOR PLANNING rev notesdate chkddrawn N Key Ownership Boundary Line Reproduced by permission of Ordnance Survey under Ordnance Survey Licence number 100042766 March 2022 1:200 @ A1 1:400 @ A3 Existing Site Block Plan 340
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Site & Context Historical Images The West elevation of Ferry Row has been through a number of changes over the years. Many rebuilds, extensions and modifications have taken place as can be observed in these images. Historical West Elevation 1 ‘ Historical West Elevation 3 Historical West Elevation 2 Current West Elevation 441
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Site & Context Historical Elevation Comparison The Southern end of the West elevation (highlighted in a red dash line) has been modified significantly over the years. The original roof was pitched with a series of hipped dormers. Currently the elevation reads as a series of flat roofs, balconies and shed dormers horizontal in nature. Each dwelling has a distinct appearance due to the use of timber cladding and different coloured rough cast. Architecturally the style of extensions and modifications are variable in nature. Historical West Elevation 3 Current West Elevation Current West Elevation 5 42
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Site & Context Historical Elevation Comparison The Northern end of the West elevation (highlighted in a red dash line) has also been subject to significant modification over the years. The line of pitched dormers have become interrupted by two shed dormers. The consistency of the front elevation has also become broken by two visually different extensions as noted below. It can be observed that 14A is one of the few properties on the street that have not modified their sea facing elevation. Dormer not original Dormer not original 14A Ferry Row Extension not original Extension not original Flat shed dormer to ridge line of roof Flat Roof at the end of terrace Historical West Elevation 3 Current West Elevation Part 1 of 2 Current West Elevation Part 2 of 2 6 43
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Site & Context Context Material Palette White Roughcast Vertical Timber Cladding Terracotta Roof Tile Dark Slate Roof TileHorizontal Timber CladdingWhite and Dark Window Frames 744
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Scale & Appearance Design Approach West Elevation Owned Property 2 1 16 55 3 3 12 13 17 19 Parapet +6495 Wall +2140 Wall +3040 20 20 Key Plan Owned PropertyPublic Path Neighbouring Property 6 10 10 3 13 1313 13 7 1 4 17 18 3 20 20 11 3 Parapet +7045 Chimney +8436 Parapet +6605 19 Parapet +6495 2 Neighbouring Property 3 7 20 Soffit +3040 Window Head +2415 Window Head +5510 W est Elevation East Elevation Proposed North Elevation Scale 1:50 @A11 Proposed West Elevation Scale 1:50 @A12 Proposed East Elevation Scale 1:50 @A13 Owned Property 2 16 55 19 Parapet +6495 Wall +2140 20 Key Plan Owned PropertyPublic Path Neighbouring Property 6 10 10 3 13 1313 13 7 1 4 17 18 3 20 20 11 3 Parapet +7045 Chimney +8436 Parapet +6605 19 Parapet +6495 2 Neighbouring Property W est Elevation East Elevation Proposed North Elevation Scale 1:50 @A11 Proposed West Elevation Scale 1:50 @A12 3 NOTE: 1.This drawing is © copyright Lindo Studio Architects 2022. No unauthorised reproduction of any kind is permitted. 2. No dimensions to be scaled from this drawing. Verify all dimensions prior to construction. Immediately report any discrepancies on the document to the Architect/Contract Administrator. This document shall be read in conjunction with associated models, specifications and related consultant's documents. 3. Drawing to be read with all relevant Architectural, Interiors, Structural, M&E, Drainage/Public Health, Landscape, Civils and Interiors drawings and specifications. 4. It is assumed that all works will be carried out by a competent contractor working, where appropriate, to an approved method statement. KEY Roughcast - Off White Slate Roof Tiles Roof Light Light Tone Timber Cladding Standing Seam - Dark Grey Existing Terracotta Chimney Bi-Fold Doors - Dark Grey Aluminium Frame Glass Ballustrade Windows - Dark Grey Aluminium EDPM Roof - Dark Grey Extraction vent External Door - Corten Steel Render - Off White Dark Grey Metal Flue Brick - Buff Gate - Corten Steel Timber Pergola Painted Timber - Black Aluminium Profile - Dark Grey Aluminium Coping - Dark Grey 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1515 1516 17 1518 1519 1520 19 Parapet +7045 Chimney +8436 Parapet +6495 Window Head +5980 Wall +2140 The flat roof dormer stile extension is a contemporary interpretation of the adjacent dormer but with improved thermal insulation and visual appearance. The parapet is designed to match the existing pitched roof ridge height. The vertical timber matches the adjacent dormer but the cladding continues to the ground floor providing a neat solution to conceal rain water pipes. It would not be possible to match the proportions of the adjacent dormer window and meet the desired thermal performance. An effort has therefore been made to make the element visually different so it does not become a failed close match. The Ferry Row West elevation will be nicely balanced with the proposed flat roof to match the only other semi detached house at the end of the terrace. Existing end to the terrace with a flat roof Example of adjacent dormer with increased insulation zone. The final form has influenced the proposal for 14a Ferry Row. Additional Insulation Required Proposed West Elevation Boxing out for rain water pipe 845
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Scale & Appearance Design Approach North Elevation Owned Property 6 2 1 16 55 3 3 12 13 17 19 Parapet +7045 Chimney +8436 Parapet +6495 Wall +685 Wall +2140 Wall +3040 20 20 N Key Plan North Elevation W est Elevation East Elevation Proposed North Elevation Scale 1:50 @A11 NOTE: 1.This drawing is © copyright Lindo Studio Architects 2022. No unauthorised reproduction of any kind is permitted. 2. No dimensions to be scaled from this drawing. Verify all dimensions prior to construction. Immediately report any discrepancies on the document to the Architect/Contract Administrator. This document shall be read in conjunction with associated models, specifications and related consultant's documents. 3. Drawing to be read with all relevant Architectural, Interiors, Structural, M&E, Drainage/Public Health, Landscape, Civils and Interiors drawings and specifications. 4. It is assumed that all works will be carried out by a competent contractor working, where appropriate, to an approved method statement. KEY Roughcast - Off White Slate Roof Tiles Roof Light Light Tone Timber Cladding Standing Seam - Dark Grey Existing Terracotta Chimney Bi-Fold Doors - Dark Grey Aluminium Frame Glass Ballustrade Windows - Dark Grey Aluminium EDPM Roof - Dark Grey Extraction vent External Door - Corten Steel Render - Off White Dark Grey Metal Flue Brick - Buff Gate - Corten Steel Timber Pergola Painted Timber - Black Aluminium Profile - Dark Grey Aluminium Coping - Dark Grey 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1515 1516 17 1518 1519 1520 Parapet +7045 Chimney +8436 Parapet +6495 Window Head +5980 Wall +2140 A conscious design decision has been made to retain the gable end of the original house to preserve an understanding of the buildings original form. A new timber clad element links the front and back of the proposal so that the design feels holistic in form and scale. The North elevation interfaces with a public pathway. The design provides privacy to the client whilst also becoming increasingly permeable as pedestrians get closer to the sea to keep the pathway feeling open and comfortable. This is achieved by stepping the wall. Proposed North Elevation 9 46
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Scale & Appearance Design Approach East Elevation NOTE: 1.This drawing is © copyright Lindo Studio Architects 2022. No unauthorised reproduction of any kind is permitted. 2. No dimensions to be scaled from this drawing. Verify all dimensions prior to construction. Immediately report any discrepancies on the document to the Architect/Contract Administrator. This document shall be read in conjunction with associated models, specifications and related consultant's documents. 3. Drawing to be read with all relevant Architectural, Interiors, Structural, M&E, Drainage/Public Health, Landscape, Civils and Interiors drawings and specifications. 4. It is assumed that all works will be carried out by a competent contractor working, where appropriate, to an approved method statement. KEY Roughcast - Off White Slate Roof Tiles Roof Light Light Tone Timber Cladding Standing Seam - Dark Grey Existing Terracotta Chimney Bi-Fold Doors - Dark Grey Aluminium Frame Glass Ballustrade Windows - Dark Grey Aluminium EDPM Roof - Dark Grey Extraction vent External Door - Corten Steel Render - Off White Dark Grey Metal Flue Brick - Buff Gate - Corten Steel Timber Pergola Painted Timber - Black Aluminium Profile - Dark Grey Aluminium Coping - Dark Grey 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1515 1516 17 1518 1519 1520 19 Parapet +7045 Chimney +8436 Parapet +6495 Window Head +5980 Wall +2140 The East extension respectfully responds to the neighbouring property by projecting out to align with their extension. The contextual material palette has informed the facade materials choices. All facade finishes occur or have a close match on the surrounding buildings. The corten steel door reflects the wider colour palette of oxidised metal in the sea. Owned Property 6 2 1 16 5 3 3 12 13 17 19 Parapet +7045 Parapet +6495 Wall +685 Wall +3040 20 20 consultant's documents. 3. Drawing to be read with all relevant Architectural, Interiors, Structural, M&E, Drainage/Public Health, Landscape, Civils and Interiors drawings and specifications. 4. It is assumed that all works will be carried out by a competent contractor working, where appropriate, to an approved method statement. 00 23.04.22 TLTLISSUED FOR PLANNING rev notesdate chkddrawn project title date of origin scale 14A Ferry Row March 2022 1:50 @ A1 KEY Roughcast - Off White Slate Roof Tiles Roof Light Light Tone Timber Cladding Standing Seam - Dark Grey Existing Terracotta Chimney Bi-Fold Doors - Dark Grey Aluminium Frame Glass Ballustrade Windows - Dark Grey Aluminium EDPM Roof - Dark Grey Extraction vent External Door - Corten Steel Render - Off White Dark Grey Metal Flue Brick - Buff Gate - Corten Steel Timber Pergola Painted Timber - Black Aluminium Profile - Dark Grey Aluminium Coping - Dark Grey 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1515 1516 17 1518 1519 1520 Neighbouring Property 13 7 18 Owned Property Public PathNeighbouring Property 6 3 13 15 13 1313 5 3 12 12 3 7 3 20 19 2 Parapet +7045 Chimney +8436 Soffit +3040 Parapet +6495 Window Head +2415 Window Head +5510 Window Head +5980 Wall +2140 Proposed East Elevation Scale 1:50 @A13Proposed East Elevation 10 47
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Proposal Details Proposal Name 100529801 Proposal Description Proposal to extend 14A Ferry Row out to the rear of the property to allow for a modern, environmentally friendly, 3 bedroom family home in keeping with the feel of the area. Address 14A FERRY ROW, FAIRLIE, LARGS, KA29 0AJ Local Authority North Ayrshire Council Application Online Reference 100529801-004 Application Status Form complete Main Details complete Checklist complete Declaration complete Supporting Documentation complete Email Notification complete Attachment Details Notice of Review System A4 Refusal Appeal Statement Attached A0 Architect Design Statement hyperlink Attached A0 Render of Ferry Row Attached A0 Roofline of Ferry Row Attached A0 Ferry Row from estuary Attached A0 Notice_of_Review-2.pdf Attached A0 Application_Summary.pdf Attached A0 Notice of Review-004.xml Attached A0 51
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REPORT OF HANDLING Reference No: 23/00126/PP Proposal: Erection of extension to rear Location: 14A Ferry Row, Fairlie, Largs, Ayrshire KA29 0AJ ---------------------------------------------------------------------------------------------------------------- LDP Allocation: General Urban Area LDP Policies: SP1 - Towns and Villages Objective / Detailed Policy 2 - Regen Opportunities / ---------------------------------------------------------------------------------------------------------------- Consultations: None Undertaken Neighbour Notification: Neighbour Notification carried out on 27.02.2023 Neighbour Notification expired on 20.03.2023 Advert: Not Advertised ---------------------------------------------------------------------------------------------------------------- Previous Applications: None Appeal History Of Site: Relevant Development Plan Policies SP1 - Towns and Villages Objective Towns and Villages Objective Our towns and villages are where most of our homes, jobs, community facilities, shops and services are located. We want to continue to support our communities, businesses and protect our natural environment by directing new development to our towns and villages as shown in the Spatial Strategy. Within urban areas (within the settlement boundary), the LDP identifies town centre locations, employment locations and areas of open space. Most of the remaining area within settlements is shown as General Urban Area. Within the General Urban Area, proposals for residential development will accord with the development plan in principle, and applications will be assessed against the policies of the LDP. New non-residential proposals will be assessed against policies of this LDP that relate to the proposal. In principle, we will support development proposals within our towns and villages that: a) Support the social and economic functions of our town centres by adopting a town centre first principle that directs major new development and investment to town centre locations as a priority including supporting town centre living. b) Provide the right new homes in the right places by working alongside the Local Housing Strategy to deliver choice and variety in the housing stock, protecting Appendix 2 52
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23/00126/PP land for housing development to ensure we address housing need and demand within North Ayrshire and by supporting innovative approaches to improving the volume and speed of housing delivery. c) Generate new employment opportunities by identifying a flexible range of business, commercial and industrial areas to meet market demands including those that would support key sector development at Hunterston and i3, Irvine. d) Recognise the value of our built and natural environment by embedding placemaking into our decision-making. e) Prioritise the re-use of brownfield land over greenfield land by supporting a range of strategic developments that will deliver: o regeneration of vacant and derelict land through its sustainable and productive re-use, particularly at Ardrossan North Shore, harbour and marina areas, Montgomerie Park (Irvine) and Lochshore (Kilbirnie). o regeneration and conservation benefits, including securing the productive re- use of Stoneyholm Mill (Kilbirnie) and supporting the Millport Conservation Area Regeneration Scheme. f) Support the delivery of regional partnerships such as the Ayrshire Growth Deal in unlocking the economic potential of the Ayrshire region. Detailed Policy 2 - Regen Opportunities Policy 2: Regeneration Opportunities In principle, we will support and promote development of brownfield land (including vacant and derelict land) within our settlements, where the development aligns with the placemaking policy. In particular, we support the re-use of sites shown in schedule 4 for a range of urban uses which would contribute to the placemaking agenda, subject to their impact on the surrounding established amenity, assessment against the Placemaking Policy and in particular their impact on utility and service capacity. Note that proposals for significant footfall generating uses considered against this policy should accord with the Town Centre First Principle and must not undermine the vitality or viability of town centres or the delivery of the effective housing and industrial land supplies except where they would support the principle of sustainable development. We will support development of the regeneration opportunities for a range of integrated urban uses including: o Residential. o Local-scale community and leisure uses. o Other local employment uses like shops, banks, cafes, workshops, garages, and small offices (including working from home). We will also support alternative solutions which would improve the amenity or economic outlook of the surrounding area such as o Greening (Woodland planting, allotments etc.) o Renewable Energy Generation o Protection and enhancement of green and blue networks There may also be instances in the plan period where new regeneration sites are identified. In principle we will support proposals which are innovative, contribute to our placemaking agenda and align with our vacant and derelict land strategy. 53
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23/00126/PP Description The application property is a one and a half storey end terrace dwellinghouse located in Fairlie. The house features a gabled roof covered in slates and off-white rendered walls. There are pitched roof dormers on the front (seaward) elevation as well as a small lean-to conservatory/porch shared with the neighbouring property. Ferry Row itself is historic terrace of fishing cottages which has seen extensive alterations and extensions over the years. The terrace is located immediately adjacent to the seashore with close access to the shops and amenities on Main Road. The proposal is for a full renovation of the dwellinghouse including the erection of a two-storey extension to the rear. The proposal would involve: - The removal of the existing roof structure and its replacement with a flat roof covered with a rubber roof membrane. - The complete remodelling of the front elevation to remove the existing porch and one of the dormers and erect a new façade to include patio doors and a Juliet balcony at first floor level. The front elevation would be finished in timber cladding and off-white render. - The removal of s small kitchen/utility room extension on the side/rear of the dwellinghouse. - The erection of a new two storey rear extension measuring approx. 48 sqm in area and 6.2m in height. The extension would be finished in buff facing brick, timber cladding and off-white render, and would have a flat roof to tie in with the new flat roof structure. In the adopted North Ayrshire Local Development Plan (LDP) the site is located in a General Urban Area land allocation. The relevant policies of the LDP with relation to the proposed development are The Towns and Villages Objective of Strategic Policy 1: Spatial Strategy and Strategic Policy 2: Placemaking. All development proposals also require to be assessed against the adopted National Planning Framework 4 (NPF4). Pre-application Planning advice was sought in September 2022 for the proposal (22/00704/PREAPP). It was advised that whilst the scale and principle of the proposal was likely acceptable it was not considered evident that the design was in- keeping with the character of the area. The applicant has been advised that the proposal is unlikely to be supported on design grounds. The applicant has advised that the consider that the design can be justified as the seaward elevation of Ferry Row has been dramatically altered over the course of its history. In particular the two houses at the opposite end of the terrace have received upper floor extensions to form similar flat roof designs to what is currently proposed. They consider that by having flat roof houses at either end of the terrace it would book-end the terrace which would be visually attractive. Consultations and Representations The Neighbour Notification process was undertaken and there was no requirement to advertise the application. No letters of representation were received. 54
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23/00126/PP No consultations were undertaken as part of this Planning Application. Analysis Alterations and extensions to an existing dwellinghouse located in a General Urban Area allocation is acceptable in principle in terms of The Towns and Villages Objective of Strategic Policy 1: Spatial Strategy of the LDP. The application only therefore requires to be assessed in terms of Strategic Policy 2: Placemaking and Policy 14 of NPF4. Strategic Policy 2: Placemaking, states that all development proposals must meet the qualities of successful places as outlined in the policy. In terms of scale, the proposed rear extension would replace an existing small rear/side extension. The proposed extension, whilst being larger, would be similar in size to other rear extensions on neighbouring houses and it is not considered that the scale of the extension is excessive. In terms of height, whilst the proposed extension would be two storeys high, it would be similar in terms of form and massing to large box dormers that have been erected to the rear of neighbouring properties , and again, it is not considered that scale would be out-of-keeping with the surrounding properties. Policy 14 of NPF4 essentially reiterates the qulaities of a successful place. Turning to design, the proposed extensions and alterations would essentially completely transform the dwellinghouse from a traditional design to a contemporary one. In particular the slate roof, which is consistent with the neighbouring properties and forms a continuous roofline over the northern part of the terrace would be completely removed. The applicant has noted that the southern properties of the terrace have flat roof extensions, and whilst this is noted, it is considered that these extensions detract from the appearance of the terrace and surrounding area. There is no Planning history for these extensions, and it is likely that they were carried out several decades ago and may have been erected without the benefit of Planning Permission. It is considered that the loss of the pitched slate roof (including one of the original pitched roof dormers) and its replacement with flat roof would break up the visual consistency of the terrace and would detract from the appearance of the area. In addition, it is considered that the design of the extension and alterations with regards to the proposed fenestration and finishing materials would not be consistent with the surrounding area. Whilst contemporary extensions to historic buildings can in some instances be visually pleasing, in this instance very little of the historic structure would remain. Subsequently, it is considered that the result of having a dwellinghouse with a contemporary aesthetic at the end of a historic terrace would be visually jarring and would detract from the appearance of the area. In conclusion, whilst it is noted that Ferry Row is not a Listed Building or in a Conservation Area, it has a historic appearance which is beneficial to the character and appearance of Fairlie. This historic character has been negatively affected by previous extensions and alterations to other dwellinghouses on the terrace and it is considered that the proposal would have a further negative effect on the character of the terrace. It is not considered that the proposal is distinctive as it does not draw upon the positive characteristics of the surrounding area to inform the design. 55
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23/00126/PP It is not considered that the proposed extension would have any significant amenity impact on neighbouring properties in terms of overlooking or overshadowing. No windows would face onto the neighbouring properties, and the extension would be located to the north of the only immediately neighbouring property. As the proposal does not meet all of the qualities of successful places it does not accord with Strategic Policy 2: Placemaking of the LDP or Policy 14 of NPF4. Due to this failure to accord with the relevant policies, the proposal should not be supported, and it is recommended that Planning Permission be refused. Decision Refused Case Officer - Mr John Mack 56
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23/00126/PP Appendix 1 - Drawings relating to decision Drawing Title Drawing Reference (if applicable) Drawing Version (if applicable) Location Plan 14AFR-LSA-00-DR-A- 1000 Block Plan / Site Plan 14AFR-LSA-00-DR-A- 1100 Existing Floor Plans 14AFR-LSA-00-DR-A- 2000 Proposed Floor Plans 14AFR-LSA-00-DR-A- 2010 Proposed Floor Plans 14AFR-LSA-00-DR-A- 2100 Existing Elevations 14AFR-LSA-00-DR-A- 3000 Proposed Elevations 14AFR-LSA-00-DR-A- 3020 Existing Floor Plans 14AFR-LSA-01-DR-A- 2001 Proposed Floor Plans 14AFR-LSA-01-DR-A- 2011 Proposed Floor Plans 14AFR-LSA-01-DR-A- 2101 Roof Plan 14AFR-LSA-02-DR-A- 2002 Roof Plan 14AFR-LSA-02-DR-A- 2012 Roof Plan 14AFR-LSA-02-DR-A- 2102 Block Plan / Site Plan 14AFR-LSA-00-DR-A- 1110 Rev 00 57
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Appendix 3 58
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Appendix 4 59
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TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 AS AMENDED BY THE PLANNING ETC (SCOTLAND) ACT 2006. TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 – REGULATION 28 Yvonne Baulk : Head Of Service (Housing & Public Protection) FORM 2 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning (Scotland) Act 1997 within three months from the date of this notice. The notice of review should be addressed to Committee Services, Chief Executive's Department, Cunninghame House, Irvine, North Ayrshire, KA12 8EE. 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land's interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. 60
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NORTH AYRSHIRE COUNCIL 23 August 2023 Local Review Body Title: Notice of Review: 23/00309/PPP: Mid Lambroughton Farm, by Cunninghamehead, by Kilmaurs, KA3 2PL Purpose: To submit, for consideration of the Local Review Body, a Notice of Review by the applicant in respect of a planning application refused by officers under delegated powers. Recommendation: That the Local Review Body considers the Notice of Review. 1. Executive Summary 1.1 The Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2006, provides for certain categories of planning application for "local" developments to be determined by appointed officers under delegated powers. Where such an application is refused, granted subject to conditions or not determined within the prescribed period of 2 months, the applicant may submit a Notice of Review to require the Planning Authority to review the case. Notices of Review in relation to refusals must be submitted within 3 months of the date of the Decision Notice. 2. Background 2.1 A Notice of Review was submitted in respect of Planning Application 23/00309/PPP for the downtaking of an agricultural building and development of a single dwellinghouse and associated works at Mid Lambroughton Farm, by Cunninghamehead, by Kilmaurs. 2.2 The application was refused by officers for the reasons detailed in the Decision Notice. 2.3 The following related documents are set out in the appendices to the report: Appendix 1 - Notice of Review documentation; Appendix 2 - Report of Handling; Appendix 3 - Location Plan; and Appendix 4 - Planning Decision Notice. 3. Proposals 3.1 The Local Review Body is invited to consider the Notice of Review. Agenda Item 5 61
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4. Implications/Socio-economic Duty Financial 4.1 None arising from the recommendation of this report. Human Resources 4.2 None arising from the recommendation of this report. Legal 4.3 The Notice of Review requires to be considered in terms of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2006, and the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013. Equality/Socio-economic 4.4 None arising from the recommendation of this report. Environmental and Sustainability 4.5 None arising from the recommendation of this report. Key Priorities 4.6 None arising from the recommendation of this report. Community Benefits 4.7 None arising from the recommendation of this report. 5. Consultation 5.1 Interested parties (both objectors to the planning application and statutory consultees) were invited to submit representations in terms of the Notice of Review and no further representations were received. Craig Hatton Chief Executive For further information please contact Craig Stewart, Committee Services Officer, on 01294 324130. Background Papers 0 62
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Page 1 of 5 Cunninghame House Friars Croft Irvine KA12 8EE Email: eplanning@north-ayrshire.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100632174-001 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity HLM Scotland Ltd Martin Hannah UK Appendix 1 63
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Page 2 of 5 Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Mr Richard North Ayrshire Council Whittaker , UK 643633 239654 Mid Lambroughton Farm By Cunninghamehead, By Kilmaurs KA3 2PL 64
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Page 3 of 5 Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) Appeal against refusal of planning permission in principle. See attached statement of case. 65
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Page 4 of 5 Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Statement of case. 23/00309/PPP 13/06/2023 03/05/2023 66
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Page 5 of 5 Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mr Martin Hannah Declaration Date: 14/06/2023 67
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REPORT OF HANDLING Reference No: 23/00309/PPP Proposal: Planning permission in principle for the downtaking of an agricultural building and development of a single dwellinghouse and associated works Location: Mid Lambroughton Farm, Kilmarnock, Ayrshire, KA3 2PL ---------------------------------------------------------------------------------------------------------------- LDP Allocation: Countryside/Rural Community LDP Policies: SP1 - The Countryside Objective / Strategic Policy 2 / ---------------------------------------------------------------------------------------------------------------- Consultations: Yes Neighbour Notification: Neighbour Notification carried out on 03.05.2023 Neighbour Notification expired on 24.05.2023 Advert: Regulation 20 (1) Advert Published on:- 17.05.2023 Expired on:- 07.06.2023 ---------------------------------------------------------------------------------------------------------------- Previous Applications: 20/01064/PP for Erection of detached dwelling house with attached garage to include the provision of access driveway, waste water treatment system, landscaping works, solar PV array and boundary treatments Application Withdrawn on 15.01.2021 21/01151/PP for Change of use and alterations to redundant metal barn to form dwellinghouse including the provision of boundary treatment, siting of solar PV panels, provision of garden ground/wildflower meadow, provision of drainage and formation of parking Approved subject to Conditions on 11.01.2022 Appeal History Of Site: Relevant Development Plan Policies SP1 - The Countryside Objective The Countryside Objective Appendix 2 68
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23/00309/PPP We recognise that our countryside areas play an important role in providing homes, employment and leisure opportunities for our rural communities. We need to protect our valuable environmental assets in the countryside while promoting sustainable development which can result in positive social and economic outcomes. We want to encourage opportunities for our existing rural communities and businesses to grow, particularly on Arran and Cumbrae, and to support these areas so that they flourish. We also recognise that, in general, countryside areas are less well suited to unplanned residential and other developments because of their lack of access to services, employment and established communities. We will seek to protect our prime and locally important agricultural land from development except where proposals align with this spatial strategy. In principle, we will support proposals outwith our identified towns and villages for: a) expansions to existing rural businesses and uses such as expansions to the brewery and distillery based enterprises in the area. b) ancillary development for existing rural businesses and uses, including housing for workers engaged in agriculture or forestry. c) developments with a demonstrable specific locational need including developments for renewable energy production i.e. wind turbines, hydroelectric schemes and solar farms. d) tourism and leisure uses, where they would promote economic activity, diversification and sustainable development, particularly where they develop our coastal tourism offer/ infrastructure. e) developments which result in the reuse or rehabilitation of derelict land or buildings (as recognised by the Vacant and Derelict Land Survey) for uses which contribute to the Green and Blue Network such as habitat creation, new forestry, paths and cycle networks. f) sensitive infilling of gap sites consolidating existing developments where it would define/provide a defensible boundary for further expansion. g) small-scale expansion of settlements on Arran and Cumbrae for community led proposals for housing for people employed on the island, where a delivery plan is included, and infrastructure capacity is sufficient or can be addressed by the development and where the proposal meets an identified deficiency in the housing stock and is required at that location. All proposals will be expected to demonstrate the identified housing need cannot be met from the existing housing land supply. h) new housing in the countryside where it is a replacement or converted building or it is a house of exceptional design quality. i) sympathetic additions to existing well-defined nucleated groups of four or more houses (including conversions) in close proximity to one another and visually identifiable as a group with some common feature e.g. shared access. Additions will be limited to 50% of dwellings existing in that group as of January 2005 up to a maximum of four new housing units (rounded down where applicable). Strategic Policy 2 Placemaking Our Placemaking policy will ensure we are meeting LOIP priorities to make North Ayrshire safer and healthier by ensuring that all development contributes to making quality places. The policy also safeguards, and where possible enhances environmental quality through the avoidance of unacceptable adverse environmental or amenity impacts. 69
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23/00309/PPP We expect that all applications for planning permission meet the six qualities of successful places, contained in this policy. This is in addition to establishing the principle of development in accordance with Strategic Policy 1: Spatial Strategy. These detailed criteria are generally not repeated in the detailed policies section of the LDP. They will apply, as appropriate, to all developments. Six qualities of a successful place Distinctive The proposal draws upon the positive characteristics of the surrounding area including landscapes, topography, ecology, skylines, spaces and scales, street and building forms, and materials to create places with a sense of identity. Welcoming The proposal considers the future users of the site and helps people to find their way around, for example, by accentuating existing landmarks to create or improve views (including sea views), locating a distinctive work of art in a notable place or making the most of gateway features to and from the development. It should also ensure that appropriate signage and lighting is used to improve safety and illuminate attractive buildings. Safe and Pleasant The proposal creates attractive places by providing a sense of security, including by encouraging activity, considering crime rates, providing a clear distinction between private and public space, creating active frontages and considering the benefits of natural surveillance for streets, paths and open spaces. The proposal creates a pleasant, positive sense of place by promoting visual quality, encouraging social and economic interaction and activity, and by considering the place before vehicle movement. The proposal respects the amenity of existing and future users in terms of noise, privacy, sunlight/daylight, smells, vibrations, glare, traffic generation, and parking. The proposal sufficiently investigates and responds to any issues of ground instability. Adaptable The proposal considers future users of the site and ensures that the design is adaptable to their needs. This includes consideration of future changes of use that may involve a mix of densities, tenures, and typologies to ensure that future diverse but compatible uses can be integrated including the provision of versatile multi- functional greenspace. Resource Efficient The proposal maximises the efficient use of resources. This can be achieved by re- using or sharing existing resources and by minimising their future depletion. This includes consideration of technological and natural means such as flood drainage systems, heat networks, solar gain, renewable energy and waste recycling as well as use of green and blue networks. Easy to Move Around and Beyond The proposal considers the connectedness of the site for people before the movement of motor vehicles, by prioritising sustainable and active travel choices, such as walking, cycling and public transport and ensuring layouts reflect likely desire lines, through routes and future expansions. 70
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23/00309/PPP Description The application site is located at Mid Lambroughton Farm in the countryside to the northeast of Irvine. The site is located to the west of the main farm steading and contains a barn of approximately 300 square metres in area. The walls and roof of the barn have a curved profile and dates from the mid-twentieth century. It is clad with red coloured metal sheeting. Mid Lambroughton farm is a traditional farm steading where three of the former byres/farm buildings have been converted into dwellinghouses. This is an application for Planning permission in principle for the demolition of the barn and erection of a single dwellinghouse on the site. The application site is located within the Countryside in terms of the adopted Local Development Plan and requires to be considered in terms of Strategic Policy 1 (Countryside Objective), Strategic Policy 2 (Placemaking) and the Housing in the Countryside Policy Guidance Note of June 2021. All development proposals also require to be assessed against the adopted National Planning Framework 4 (NPF4). In this instance, Policy 17: Rural Homes, of NPF4 is of particular relevance. Mid Lambroughton is no longer a working farm. The original farmhouse is to the east of the application site, around which are three other converted barns of traditional design and character. To the southeast of the site is a barn conversion which was granted permission in 2019 (ref. 19/00665/PP) following the demolition of a series of metal sheds. To the northeast is a barn conversion granted in 2018 (ref. 18/00238/PP). Beyond, on the northeastern fringes of the steading, is an earlier barn conversion dating from 2006 (ref. 06/00090/PP). The houses are accessed from two separate driveways leading from the B769 Irvine to Stewarton Road. Planning permission was initially applied for to demolish the barn to which this application relates and erect a new dwellinghouse in November 2020 (20/01064/PP). This application was proposed to be justified as a 'house of exceptional design quality' under The Countryside Objective of Strategic Policy 1. The Case Officer indicated that the setting was not likely appropriate for this part of the policy, and the application was subsequently withdrawn. Planning Permission was granted in January 2022 (21/01151/PP) for the conversion of the existing barn into a dwellinghouse under the 'replacement or conversion' section of The Countryside Objective. The applicant's Design Statement for this application states that the owners of the site wish to sell the land and it is not considered that existing planning permission for conversion of the existing barn is likely to have market appeal. They therefore wish to apply for planning permission in principle to remove the barn and for the erection of a new dwellinghouse. The applicant has been advised that applications for planning permission in principle for new dwellinghouses in the countryside are not supported as there is insufficient information included in a planning permission in principle application to adequately assess a proposal against the Countryside Objective of Strategic Policy 1 and the Housing in the Countryside Advice Note. Consultations and Representations 71
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23/00309/PPP The statutory neighbour notification process was undertaken and there was no requirement to advertise the application. No letters of representation were received. Consultations: North Ayrshire Council (NAC) Active Travel and Transportation: No objections subject to conditions relating to the access. Response: Noted, such conditions could be added in the event of planning permission being granted. NAC Environmental Health: No objections, subject to conditions relating to contamination and foul water drainage. Response: Noted, such conditions could be added were planning permission forthcoming. Scottish Water: There is no public Scottish Water infrastructure within the vicinity and therefore the applicant would need to provide private surface and foul water treatment arrangements. Response: Noted, as this is an application for planning permission in principle, details of drainage would be assessed as part of any future 'matters specified in condition' application, should planning permission in principle be granted. Analysis The key policy consideration in determining whether a new dwellinghouse can be supported in a countryside location is The Countryside Objective of Strategic Policy 1: Spatial Strategy of the LDP. This policy sets out the criteria in which a new dwellinghouse might be permitted in a Countryside land allocation. On the mainland, these instances are restricted to: i. Where the house would be for a rural worker, such as for people engaged in farming or forestry; ii. Sensitive infilling of gap sites; iii. Replacement or conversion of existing buildings or a house of exceptional design quality; or iv. Sympathetic additions to existing well-defined groups of four or more houses. The Housing in the Countryside Guidance Note of June 2021 provides further explanation and detail on when proposals for new houses in the countryside will be supported. The Guidance Note states in section 2.2 that Planning Permission in Principle (PPP) applications (for new houses in the countryside) will not be supported. This is because PPP does not provide the level of detail or information required to assess the appropriateness of the proposal. Only the level of detail contained within a full Planning Application would be sufficient to adequately assess the proposal against The Countryside Objective. Insufficient information has been provided with the application in order to determine whether it accords with The Countryside Objective of Strategic Policy 1, and therefore the application cannot be supported. 72
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23/00309/PPP Strategic Policy 2: Placemaking, states that all development proposals must meet the qualities of successful places as outlined in the policy. As above there are insufficient details to assess whether the proposal accords with this policy. In a town setting these details could be ensured via a 'Matters Specified in Condition' condition, however, as this is a countryside location, full details of the design are required in order to assess the principle of the development. Turning to NPF4, Policy 17 relates to rural homes. This policy states that development proposals for new homes in rural areas will be supported where the development is suitably scaled, sited and designed to be in-keeping with the character of the area and the development is: i. is on a site allocated for housing within the LDP; ii. reuses brownfield land where a return to a natural state has not or will not happen without intervention; iii. reuses a redundant or unused building; iv. is an appropriate use of a historic environment asset or is appropriate enabling development to secure the future of historic environment assets; v. is demonstrated to be necessary to support the sustainable management of a viable rural business or croft, and there is an essential need for a worker (including those taking majority control of a farm business) to live permanently at or near their place of work; vi. is for a single home for the retirement succession of a viable farm holding; vii. is for the subdivision of an existing residential dwelling; the scale of which is in keeping with the character and infrastructure provision in the area; or viii. reinstates a former dwelling house or is a one-for-one replacement of an existing permanent house. As above, it is not considered that sufficient information has been provided to demonstrate that the proposed dwellinghouse would be suitably scaled, sited and designed or that it would be in-keeping with the character of the area. It has not been demonstrated that the proposal would accord with any of the eight instances outlined in the policy where proposals for new homes in the countryside would be supported. Given the above, it is not considered that sufficient information has been provided to demonstrate that the proposal would accord with Policy 17 of NPF4. In the absence of a detailed design, it has not been demonstrated that the proposed development would accord with the relevant polices of the LDP or NPF4. The proposal has not been demonstrated to accord with The Housing in the Countryside Guidance Note and an outstanding quality of design has not been demonstrated. For these reasons, it is recommended that this application for planning permission in principle is refused. Decision Refused Case Officer - Mr John Mack 73
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23/00309/PPP Appendix 1 - Drawings relating to decision Drawing Title Drawing Reference (if applicable) Drawing Version (if applicable) Location Plan 74
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Appendix 3 75
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Yvonne Baulk : Head Of Service (Housing & Public Protection) No N/23/00309/PPP (Original Application No. N/100622845-001) REFUSAL OF PLANNING PERMISSION IN PRINCIPLE Type of Application: Local Application TOWN AND COUNTRY PLANNING (SCOTLAND) ACT, 1997, AS AMENDED BY THE PLANNING ETC (SCOTLAND) ACT 2006. TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 To : Mr Richard Whittaker c/o HLM Scotland Ltd Fao Martin Hannah Kilnview 23 Draffen Mount Stewarton Ayrshire KA3 5LG With reference to your application received on 3 May 2023 for planning permission in principle under the above mentioned Acts and Orders for :- Planning permission in principle for the downtaking of an agricultural building and development of a single dwellinghouse and associated works at Mid Lambroughton Farm Kilmarnock Ayrshire KA3 2PL North Ayrshire Council in exercise of their powers under the above-mentioned Acts and Orders hereby refuse planning permission in principle on the following grounds :- 1. The proposal has not been demonstrated to accord with the relevant policies of the adopted North Ayrshire Local Development Plan, namely, The Countryside Objective of Strategic Policy 1: Spatial Strategy, and Strategic Policy 2: Placemaking. In the absence of detailed design, no cognisance of the Council's The Housing in the Countryside Guidance Note nor outstanding quality of design has been demonstrated. 2. The proposal has not been demonstrated to accord with the relevant policies of National Planning Framework 4, namely, Policy 17: Rural Homes. Insufficient information has been provided to demonstrate that the proposed dwellinghouse would be suitably scaled, sited and designed or that it would be in-keeping with the character of the area. Dated this : 14 June 2023 ......................................................... for the North Ayrshire Council (See accompanying notes) Appendix 4 76
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Mid Lambroughton Farm Kilmarnock Ayrshire KA3 2PL No N/23/00309/PPP TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 AS AMENDED BY THE PLANNING ETC (SCOTLAND) ACT 2006. TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 – REGULATION 28 Yvonne Baulk : Head Of Service (Housing & Public Protection) FORM 2 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning (Scotland) Act 1997 within three months from the date of this notice. The notice of review should be addressed to Committee Services, Chief Executive's Department, Cunninghame House, Irvine, North Ayrshire, KA12 8EE. 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land's interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. 77
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NORTH AYRSHIRE COUNCIL 23 August 2023 Local Review Body Title: Notice of Review: 23/00249/PP: 33 High Road, Saltcoats KA21 5RY Purpose: To submit, for consideration of the Local Review Body, a Notice of Review by the applicant in respect of a planning application refused by officers under delegated powers. Recommendation: That the Local Review Body considers the Notice of Review. 1. Executive Summary 1.1 The Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2006, provides for certain categories of planning application for "local" developments to be determined by appointed officers under delegated powers. Where such an application is refused, granted subject to conditions or not determined within the prescribed period of 2 months, the applicant may submit a Notice of Review to require the Planning Authority to review the case. Notices of Review in relation to refusals must be submitted within 3 months of the date of the Decision Notice. 2. Background 2.1 A Notice of Review was submitted in respect of Planning Application 23/00249/PP for the erection of a single storey side extension to dwellinghouse to provide garage at 33 High Road, Saltcoats KA21 5RY. 2.2 The application was refused by officers for the reasons detailed in the Decision Notice. 2.3 The following related documents are set out in the appendices to the report: Appendix 1 - Notice of Review documentation; Appendix 2 - Report of Handling; Appendix 3 - Location Plan; and Appendix 4 - Planning Decision Notice. 3. Proposals 3.1 The Local Review Body is invited to consider the Notice of Review. Agenda Item 6 79
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4. Implications/Socio-economic Duty Financial 4.1 None arising from the recommendation of this report. Human Resources 4.2 None arising from the recommendation of this report. Legal 4.3 The Notice of Review requires to be considered in terms of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2006, and the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013. Equality/Socio-economic 4.4 None arising from the recommendation of this report. Environmental and Sustainability 4.5 None arising from the recommendation of this report. Key Priorities 4.6 None arising from the recommendation of this report. Community Benefits 4.7 None arising from the recommendation of this report. 5. Consultation 5.1 Interested parties (both objectors to the planning application and statutory consultees) were invited to submit representations in terms of the Notice of Review and no further representations were received. Craig Hatton Chief Executive For further information please contact Diane McCaw, Committee Services Officer, on 01294 324133. Background Papers 0 80
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Page 1 of 5 Cunninghame House Friars Croft Irvine KA12 8EE Email: eplanning@north-ayrshire.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100623582-002 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity Ayrshire Architecture Ayrshire Architecture 81
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Page 2 of 5 Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Miss 33 HIGH ROAD Sharleen North Ayrshire Council McKinney SALTCOATS KA21 5RY 642560 224327 82
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Page 3 of 5 Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) Erection of a single storey side extension to dwellinghouse to provide garage see attached review statement 83
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Page 4 of 5 Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Review statement 23/00249/PP 26/06/2023 30/03/2023 84
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Page 5 of 5 Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Ayrshire Architecture Declaration Date: 10/08/2023 85
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Ayrshire Architecture Chartered Architectural Technologist Application for Notice of Review to Local Review Body Proposed single storey side extension to dwellinghouse to form garage at 33 High Road, Saltcoats August 2023 Application for Notice of Review to Local Review Body for Proposed erection of a single storey side extension to dwellinghouse to form garage at 33 High Road, Saltcoats for Miss McKinney Application Ref No: 23/000249/PP 86
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Ayrshire Architecture Chartered Architectural Technologist Application for Notice of Review to Local Review Body Proposed single storey side extension to dwellinghouse to form garage at 33 High Road, Saltcoats August 2023 INDEX 1 Introduction 2 Reason for Refusal and Responses 3 Photographs 4 Summary 87
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Ayrshire Architecture Chartered Architectural Technologist Application for Notice of Review to Local Review Body Proposed single storey side extension to dwellinghouse to form garage at 33 High Road, Saltcoats August 2023 1 Introduction 1.1 Miss McKinney instructed Ayrshire Architecture to prepare drawings and submit the necessary applications for the proposed single storey side extension to dwellinghouse to form garage at 33 High Road, Saltcoats. 1.2 The Site The property is a semi detached bungalow with a pitched roof with concrete tiles and the external wall finish is wet dash render with stone base course, quoins and window details. 1.3 Application An application was submitted on 30th March 2023 and was validated on 5th April 2023. The application reference number is 23/00249/PP and was allocated to an Assistant Planning Officer. On 5th May 2023, Planning contacted Ayrshire Architecture advising that they would be unlikely to be able to support the gable end roof design of the extension as proposed. Ayrshire Architecture was advised that as a result of the house being semi detached, and properties within the area all featuring hipped roofs, it was considered that amending the roof to a hip would be more likely acceptable. Following investigation, and consultation with the clients, Ayrshire Architecture replied to Planning advising that having visited the area there were other properties having gabled extensions onto existing hipped roof houses. Given the unique location of the property on the corner of Murray Avenue and High Road, this type of extension would work. This would be due to the gap to another house, which would offset the lack of symmetry on the other side of the semi detached dwellinghouse, and as such, Ayrshire Architecture asked if the application could be determined as it was submitted. The application was refused under delegated powers on 26th June 2023. 88
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Ayrshire Architecture Chartered Architectural Technologist Application for Notice of Review to Local Review Body Proposed single storey side extension to dwellinghouse to form garage at 33 High Road, Saltcoats August 2023 2 Reasons for Refusal and responses 2.1 Reason The proposed roof design, scale and mass would have a detrimental impact on the visual appearance of the property and would not be in keeping with the characteristics of the neighbouring properties and therefore, the proposal would have a detrimental impact on the amenity of the area. The proposal does not accord with the qualities of successful places and would detract from the character and appearance of the area. The proposal is therefore contrary to Strategic Policy 2,: “Placemaking” of the adopted North Ayrshire Development Plan and Policy 14:”Design and Place” of National Planning Framework 4. Response The house borders Murray Avenue, Saltcoats and as such there is a large gap and road to the right hand side of the house before the next dwellinghouse (as seen in section 3.1 - Photograph 1). This separation helps minimise the impact of the gable roofed extension. Also the house is the end of the row of similar houses and the extension is less intrusive due to this. There are other examples of gable roofed houses and extensions within the local area (as seen in section 3.1 – photographs 2, 3 and 4). One example of a single house is located at 83 High Road, and sits next to hipped roofed houses (photographs 3 and 4). As noted in the handling report, there were no objections from the neighbours who had been notified. 89
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Ayrshire Architecture Chartered Architectural Technologist Application for Notice of Review to Local Review Body Proposed single storey side extension to dwellinghouse to form garage at 33 High Road, Saltcoats August 2023 3 Photographs 3.1 Photographs show examples of other gabled roofed extension nearby, an existing gabled roof house and the separation of the house from adjacent houses due to its location adjacent to Murray Avenue. Photograph 1 - Junction of Murray Avenue and High Road, Saltcoats showing separation between adjacent houses Photograph 2 - High Road, Saltcoats showing gabled roof extensions 90
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Ayrshire Architecture Chartered Architectural Technologist Application for Notice of Review to Local Review Body Proposed single storey side extension to dwellinghouse to form garage at 33 High Road, Saltcoats August 2023 Photograph 3 - High Road, Saltcoats showing gabled roof adjacent to hipped roof Photograph 4 - High Road, Saltcoats showing gabled roof adjacent to hipped roof 91
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Ayrshire Architecture Chartered Architectural Technologist Application for Notice of Review to Local Review Body Proposed single storey side extension to dwellinghouse to form garage at 33 High Road, Saltcoats August 2023 4 Summary 4.1 The examples mentioned above, together with the photographic examples showing an approved similar situation at 83 High Road (photograph 3) where a gabled roof sits adjacent to a hipped roof with no separating road or gap between, show that the proposed gabled roofed extension would not be out of keeping or detrimental to the visual amenity of the area and therefore would comply with the requirements of the current North Ayrshire Local Development Plan. As a result of all the information detailed in this report, it is considered that the application should be granted consent and the refusal decision overturned by the Local Review Body. 92
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REPORT OF HANDLING Reference No: 23/00249/PP Proposal: Erection of single storey side extension to dwellinghouse to provide garage Location: 33 High Road, Saltcoats, Ayrshire, KA21 5RY ---------------------------------------------------------------------------------------------------------------- LDP Allocation: General Urban Area LDP Policies: SP1 - Towns and Villages Objective / Strategic Policy 2 / ---------------------------------------------------------------------------------------------------------------- Consultations: None Undertaken Neighbour Notification: Neighbour Notification carried out on 05.04.2023 Neighbour Notification expired on 26.04.2023 Advert: Not Advertised ---------------------------------------------------------------------------------------------------------------- Previous Applications: None Appeal History Of Site: Relevant Development Plan Policies SP1 - Towns and Villages Objective Towns and Villages Objective Our towns and villages are where most of our homes, jobs, community facilities, shops and services are located. We want to continue to support our communities, businesses and protect our natural environment by directing new development to our towns and villages as shown in the Spatial Strategy. Within urban areas (within the settlement boundary), the LDP identifies town centre locations, employment locations and areas of open space. Most of the remaining area within settlements is shown as General Urban Area. Within the General Urban Area, proposals for residential development will accord with the development plan in principle, and applications will be assessed against the policies of the LDP. New non-residential proposals will be assessed against policies of this LDP that relate to the proposal. In principle, we will support development proposals within our towns and villages that: a) Support the social and economic functions of our town centres by adopting a town centre first principle that directs major new development and investment to town centre locations as a priority including supporting town centre living. 93
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23/00249/PP b) Provide the right new homes in the right places by working alongside the Local Housing Strategy to deliver choice and variety in the housing stock, protecting land for housing development to ensure we address housing need and demand within North Ayrshire and by supporting innovative approaches to improving the volume and speed of housing delivery. c) Generate new employment opportunities by identifying a flexible range of business, commercial and industrial areas to meet market demands including those that would support key sector development at Hunterston and i3, Irvine. d) Recognise the value of our built and natural environment by embedding placemaking into our decision-making. e) Prioritise the re-use of brownfield land over greenfield land by supporting a range of strategic developments that will deliver: o regeneration of vacant and derelict land through its sustainable and productive re-use, particularly at Ardrossan North Shore, harbour and marina areas, Montgomerie Park (Irvine) and Lochshore (Kilbirnie). o regeneration and conservation benefits, including securing the productive re- use of Stoneyholm Mill (Kilbirnie) and supporting the Millport Conservation Area Regeneration Scheme. f) Support the delivery of regional partnerships such as the Ayrshire Growth Deal in unlocking the economic potential of the Ayrshire region. Strategic Policy 2 Placemaking Our Placemaking policy will ensure we are meeting LOIP priorities to make North Ayrshire safer and healthier by ensuring that all development contributes to making quality places. The policy also safeguards, and where possible enhances environmental quality through the avoidance of unacceptable adverse environmental or amenity impacts. We expect that all applications for planning permission meet the six qualities of successful places, contained in this policy. This is in addition to establishing the principle of development in accordance with Strategic Policy 1: Spatial Strategy. These detailed criteria are generally not repeated in the detailed policies section of the LDP. They will apply, as appropriate, to all developments. Six qualities of a successful place Distinctive The proposal draws upon the positive characteristics of the surrounding area including landscapes, topography, ecology, skylines, spaces and scales, street and building forms, and materials to create places with a sense of identity. Welcoming The proposal considers the future users of the site and helps people to find their way around, for example, by accentuating existing landmarks to create or improve views (including sea views), locating a distinctive work of art in a notable place or making the most of gateway features to and from the development. It should also ensure that appropriate signage and lighting is used to improve safety and illuminate attractive buildings. Safe and Pleasant The proposal creates attractive places by providing a sense of security, including by encouraging activity, considering crime rates, providing a clear distinction between private and public space, creating active frontages and considering the benefits of natural surveillance for streets, paths and open spaces. 94
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23/00249/PP The proposal creates a pleasant, positive sense of place by promoting visual quality, encouraging social and economic interaction and activity, and by considering the place before vehicle movement. The proposal respects the amenity of existing and future users in terms of noise, privacy, sunlight/daylight, smells, vibrations, glare, traffic generation, and parking. The proposal sufficiently investigates and responds to any issues of ground instability. Adaptable The proposal considers future users of the site and ensures that the design is adaptable to their needs. This includes consideration of future changes of use that may involve a mix of densities, tenures, and typologies to ensure that future diverse but compatible uses can be integrated including the provision of versatile multi- functional greenspace. Resource Efficient The proposal maximises the efficient use of resources. This can be achieved by re- using or sharing existing resources and by minimising their future depletion. This includes consideration of technological and natural means such as flood drainage systems, heat networks, solar gain, renewable energy and waste recycling as well as use of green and blue networks. Easy to Move Around and Beyond The proposal considers the connectedness of the site for people before the movement of motor vehicles, by prioritising sustainable and active travel choices, such as walking, cycling and public transport and ensuring layouts reflect likely desire lines, through routes and future expansions. Description Planning permission is sought for the erection of an extension to side of dwellinghouse to form garage. 33 High Road is a semi-detached dwellinghouse situated in the settlement of Saltcoats. The application site occupies a corner plot between High Road and Murray Avenue. The external finish of the main dwellinghouse consists of a grey tiled hipped roof, light brown rough casting to the front elevation and white rendering to the rear. To the front there are garden grounds and off-street parking and to the rear are more private garden grounds. There is an existing shed positioned to the side of the main dwellinghouse. The surrounding area is largely residential. The proposed extension would be positioned to the east side elevation of the existing dwelling. The extension would attach to the existing house with part of the existing roof being stripped back to accommodate the extension. The erection of the extension would result in the roof design of the dwelling changing from hipped to a gable. The extension would reach a height of some 6.5m and would match the roof pitch of the main dwellinghouse. On plan the extension would measure some 6m by 10m. The extension would be finished in render and facing brick to match the existing. The proposed roof would be finished in concrete roof tiles to match the existing. A roller shutter door measuring some 4.3m would be installed to the front 95
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23/00249/PP elevation and on the side elevation a door and upper window would be installed. The rear elevation of the extension would be blank. In the adopted North Ayrshire Local Development Plan (LDP) the site lies within a General Urban Area allocation (Saltcoats) and therefore the Towns and Villages Objective of Strategic Policy 1: Spatial Strategy applies to this proposal. In addition, all development proposals require to be assessed in terms of Strategic Policy 2: Placemaking. All development proposals also require to be assessed against the adopted National Planning Framework 4 (NPF4). The agent/applicant was advised that the current design was unlikely to be supported given the proposed gable end roof design but confirmed they wanted to continue with the determination of the proposal as originally submitted. The agent advised that they believe the proposal would be acceptable given that other properties have gabled extensions onto existing hipped roof houses and given the corner position of the house. Consultations and Representations Neighbour notification was conducted for this application in accordance with statutory procedures. No representations were received in relation to the application. No consultations required to be undertaken. Analysis The erection of an extension to an existing dwellinghouse within a General Urban Area allocation is considered acceptable in principle in terms of the Town and Villages Objective of Strategic Policy 1, and the detail of the application therefore only requires to be assessed in terms of Strategic Policy 2: Placemaking and Policy 14 of NPF4. Strategic Policy 2 states that all applications for planning permission should meet the qualities of successful places. Policy 14 of NPF4 reiterates the qualities of a successful place. The proposed extension would be situated to the side of the existing dwellinghouse and due to its corner plot location at the junction of High Road and Murray Avenue, the development would be readily visible from public viewpoints within the area. It is considered that the proposed external finishes would be appropriate and would reflect the existing finishes of the main dwellinghouse. However, the scale of the extension would be substantial. The ridge would be the same height as the main house and the overall ridge length would increase from some 6m to some 17.9m. The front roof plane would increase in area from some 26.2sqm to some 57.2sqm. It is considered that the extension would be overbearing on the existing dwellinghouse and would cause a visual imbalance to the semi-detached block. It is therefore, not considered that the scale and mass of the proposed extension would be acceptable. The proposed roof design would essentially change the semi-detached property into a gable roofed property. Considering that the application property is part of a semi- detached block featuring a hipped roof, the change to a gabled roof would cause a significant visual impact on the semi-detached block and would result in an unbalanced appearance. Residential properties along High Road predominantly 96
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23/00249/PP feature hipped roofs. Although there are a small number of gable roofed properties along High Road, these are detached properties. It is not considered the erection of a gable roofed extension would be in-keeping with the appearance of the surrounding area as it would break up the visual consistency of the hipped roof characteristics of the neighbouring properties. It is therefore, considered that the proposal would detract from the appearance of the area and would have a negative visual impact on the amenity of the surrounding area. In terms of privacy, the development is not considered to result in any loss of privacy or overlooking to any surrounding properties. The proposed openings would be installed on the side elevation facing onto Murray Avenue. The distance to the nearest property from this elevation is some 20m which is considered a far enough distance from the development for no significant loss of privacy to occur from the proposed development. As the proposal does not meet all the qualities of successful places it does not accord with Strategic Policy 2: Placemaking of the LDP or Policy 14 of NPF4. The proposed roof design would not be in-keeping with the characteristics of the neighbouring properties and therefore, the proposal would have a detrimental impact on the amenity of the area. It is therefore considered that the proposal should not be supported, and it is recommended that planning permission be refused. Decision Refused Case Officer - Charlotte Conway 97
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23/00249/PP Appendix 1 - Drawings relating to decision Drawing Title Drawing Reference (if applicable) Drawing Version (if applicable) Existing and Proposed Elevations 01 Sections 02 Location Plan Loc 98
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Yvonne Baulk : Head Of Service (Housing & Public Protection) No N/23/00249/PP (Original Application No. N/100623582-001) REFUSAL OF PLANNING PERMISSION Type of Application: Local Application TOWN AND COUNTRY PLANNING (SCOTLAND) ACT, 1997, AS AMENDED BY THE PLANNING ETC (SCOTLAND) ACT 2006. TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 To : Miss Sharleen McKinney c/o Ayrshire Architecture 2 Turnberry Wynd Irvine Ayrshire KA11 4DP With reference to your application received on 5 April 2023 for planning permission under the above mentioned Acts and Orders for :- Erection of single storey side extension to dwellinghouse to provide garage at 33 High Road Saltcoats Ayrshire KA21 5RY North Ayrshire Council in exercise of their powers under the above-mentioned Acts and Orders hereby refuse planning permission on the following grounds :- 1. The proposed roof design, scale and mass would have a detrimental impact on the visual appearance of the property and would not be in-keeping with the characteristics of the neighbouring properties and therefore, the proposal would have a detrimental impact on the amenity of the area. The proposal does not accord with the qualities of successful places and would detract from the character and appearance of the area. The proposal is therefore contrary to Strategic Policy 2: 'Placemaking' of the adopted North Ayrshire Local Development Plan and Policy 14: 'Design, Quality and Place' of National Planning Framework 4. Dated this : 26 June 2023 ......................................................... for the North Ayrshire Council (See accompanying notes) 100
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TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 AS AMENDED BY THE PLANNING ETC (SCOTLAND) ACT 2006. TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 – REGULATION 28 Yvonne Baulk : Head Of Service (Housing & Public Protection) FORM 2 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning (Scotland) Act 1997 within three months from the date of this notice. The notice of review should be addressed to Committee Services, Chief Executive's Department, Cunninghame House, Irvine, North Ayrshire, KA12 8EE. 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land's interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. 101
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